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Dave's Top Eight
1. Jerry Reed...Revisited by Darrell Toney (reviewed 6/07) (5 Stars) Click title to purchase at CBD.com...click artist name to read Dave's Review. A CD will automatically fall out of the Top Eight after twelve months if no CD surpasses it before then.
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-----------November 1, 2004Copyrights and fair use
With all the clamor about copyrights, AMGS, and The Singing News, I thought it might be enlightening to take a look at the law itself. Copyright law is pretty interesting to study, because things you may think are protected sometimes aren't and things you may think aren't violations often are. For this post, I'm only going to focus on the section regarding "fair use."
I am not a lawyer. This is not legal advice. Copyright law establishes a number of "exclusive rights" for the copyright owner. See: www.copyright.gov. Section 107 deals with one type of "limitation" to those exclusive rights called "fair use." Here's what Section 107 states: § 107. Limitations on exclusive rights: Fair use38Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. In English, that means you can quote something owned by someone else if you are quoting it for purposes of criticism, teaching, comment, news reporting, scholarship, research, etc.Some considerable leeway is then given to judges regarding what factors to weigh in determining if use is indeed "fair use." Was the use for commercial gain? What type of work was being copied? How great was the percentage of quoted material vs. the entire copyrighted item? Does this use affect the commercial value of the copyrighted piece? In the case of the Singing News, then, they are certainly within their rights to demand that copyrighted material not be forwarded. However, it would be "fair use" if a person quoted only a portion of a Singing News article as a stimulus for discussion. That's my personal interpretation. (I gladly welcome comments from any copyright lawyers if I'm missing the mark in this understanding.) Is it feasible that ANY post to a discussion group would be deemed "fair use," due to the discussion inherent nature of the group itself? Usenet is nothing but a collection of criticism, comment, and news reporting. If a teacher can photocopy an article and distribute it to students in order to spark a discussion under "fair use" in a classroom setting, why can't a person post a copyrighted article to a message board or usenet group for the same purpose? I don't know the answer. I'm just asking. posted by David Bruce Murray @ 4:05:00 PM
 
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- All textual content posted at Musicscribe.com and subfolders is owned and copyrighted by David Bruce Murray unless otherwise indicated. No reprints may be made without the permission of the author, except as provided by US Copyright law. Permission is granted to reprint articles on other non-commercial websites only as long as the following conditions are met:
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